DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 20 and 21
[Docket No. FWS–HQ–MB–2018–0012; FF09M21200–178–FXMB1232099BPP0L2]
RIN 1018–BC72
Migratory Bird Permits; Regulations for Managing Resident Canada Goose Populations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
SUMMARY:
In 2005, the U.S. Fish and Wildlife Service (Service or “we”) published a final environmental impact statement on management of resident Canada geese (Branta canadensis) that documented resident Canada goose population levels “that are increasingly coming into conflict with people and causing personal and public property damage.”
Subsequently, the Service implemented several actions intended to reduce, manage, and control resident Canada goose populations in the continental United States and to reduce related damages. Those actions included depredation and control orders that allow destruction of Canada goose nests and eggs by authorized personnel between March 1 and June 30. However, some resident Canada geese currently initiate nests in February, particularly in the southern United States, and it seems likely that in the future nest initiation dates will begin earlier and hatching of eggs will perhaps end later than dates currently experienced.
This final rule amends the depredation and control orders to allow destruction of resident Canada goose nests and eggs at any time of year.
DATES:
This rule is effective July 22, 2019.
ADDRESSES:
Comments we received on the proposed rule, as well as the proposed rule itself, the related environmental assessment, and this final rule, are available at http://www.regulations.gov in Docket No. FWS–HQ–MB–2018–0012.
FOR FURTHER INFORMATION CONTACT:
Paul I. Padding, Atlantic Flyway Representative, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 11510 American Holly Drive, Laurel, MD 20708; (301) 497–5851; paul_padding@fws.gov.
SUPPLEMENTARY INFORMATION:
Authority and Responsibility
Migratory birds are protected under four bilateral migratory bird treaties the United States entered into with:
- Great Britain (for Canada in 1916, as amended in 1999),
- The United Mexican States (1936, as amended in 1972 and 1999),
- Japan (1972, as amended in 1974), and
- The Soviet Union (1978).
Regulations allowing the take of migratory birds are authorized by the Migratory Bird Treaty Act (Act; 16 U.S.C. 703–712), which implements the above-mentioned treaties. The Act provides that, subject to and to carry out the purposes of the treaties, the Secretary of the Interior is authorized and directed to determine when, to what extent, and by what means allowing hunting, killing, and other forms of taking of migratory birds, their nests, and eggs is compatible with the conventions. The Act requires the Secretary to implement a determination by adopting regulations permitting and governing those activities.
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Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Rules and Regulations
Canada geese are federally protected by the Act because they are listed as migratory birds in all four treaties. Because Canada geese are covered by all four treaties, regulations must meet the requirements of the most restrictive of the four. For Canada geese, this is the treaty with Canada. All regulations concerning resident Canada geese are compatible with its terms, with particular reference to Articles II, V, and VII.
Each treaty not only permits sport hunting but also permits the take of migratory birds for other reasons, including scientific, educational, propagative, or other specific purposes consistent with the conservation principles of the various Conventions.
More specifically:
- Article VII, Article II (paragraph 3), and Article V of The Protocol Between the Government of the United States of America and the Government of Canada Amending the 1916 Convention between the United Kingdom and the United States of America for the Protection of Migratory Birds in Canada and the United States provides specific limitations on allowing the take of migratory birds for reasons other than sport hunting.
- Article VII authorizes permitting the take, kill, etc., of migratory birds that, under extraordinary conditions, become seriously injurious to agricultural or other interests.
- Article V relates to the taking of nests and eggs.
- Article II, paragraph 3, states that, in order to ensure the long-term conservation of migratory birds, migratory bird populations shall be managed in accord with listed conservation principles.
The other treaties are less restrictive:
- The treaties with both Japan (Article III, paragraph 1, subparagraph (b)) and the Soviet Union (Article II, paragraph 1, subparagraph (d)) provide specific exceptions to migratory bird take prohibitions for the purpose of protecting persons and property.
- The treaty with Mexico requires, with regard to migratory game birds, only that there be a “closed season” on hunting and that hunting be limited to four months in each year.
Regulations governing the issuance of permits to take, capture, kill, possess, and transport migratory birds are promulgated at 50 CFR Parts 13, 21, and 22, and are issued by the Service.
The Service annually promulgates regulations governing the take, possession, and transportation of migratory game birds under sport hunting seasons at 50 CFR Part 20.
Regulations regarding all other take of migratory birds (except for eagles) are published at 50 CFR Part 21 and typically are not changed annually.
Background
In November 2005, the U.S. Fish and Wildlife Service (Service) published a final environmental impact statement (FEIS) on managing resident Canada geese, documenting increasing conflicts with people and property damage (see 70 FR 69985, November 18, 2005). On August 10, 2006, the Service published a final rule (71 FR 45964) establishing regulations at 50 CFR parts 20 and 21 to allow state wildlife agencies, private landowners, and airports to conduct population control activities. These included depredation and control orders permitting authorized personnel to destroy Canada goose nests and eggs between March 1 and June 30, the typical nesting period. However, in recent years, some resident Canada geese have begun nesting as early as February, particularly in the southern U.S. Given this trend, the Service proposed a rule (83 FR 17987, April 25, 2018) to allow nest and egg destruction at any time of year. This final rule adopts those changes.
Definition of Resident Canada Geese
The current definition of resident Canada geese in 50 CFR 20.11 and 21.3 states: "Canada geese that nest within the lower 48 States and the District of Columbia in the months of March, April, May, or June, or reside within the lower 48 States and the District of Columbia in the months of April, May, June, July, or August." This rule amends the definition by removing "in the months of March, April, May, or June" after "Columbia" to clarify that any Canada geese nesting within these areas are considered resident Canada geese.
Removal of Date Restrictions on Nest and Egg Destruction
Currently, destruction of resident Canada goose nests and eggs is authorized under several regulations, each specifying date restrictions. This rule removes those restrictions, allowing destruction at any time of year under 50 CFR 21.26, 21.49, 21.50, 21.51, and 21.52. This change is based on three factors:
- Nest and egg destruction has been effective in reducing local conflicts and damages caused by resident Canada geese.
- Resident Canada geese are identified by location, not nesting period.
- Some Canada geese already nest in February in southern states, and earlier nesting is expected in mid-latitude and northern states in the future.
Eliminating Date Restrictions for Lethal Control in California, Oregon, and Washington
A 1999 rule (64 FR 32766) established special Canada goose permits, allowing state agencies to conduct management activities between March 11 and August 31 while minimizing adult bird take before June. A date restriction of May 1 through August 31 was imposed in California, Oregon, and Washington to protect the Aleutian Canada goose (Branta canadensis leucopareia), which was listed as endangered in 1967 and reclassified as threatened in 1990 (55 FR 51106, December 12, 1990). Following its removal from the endangered list in 2001 (66 FR 15643, March 20, 2001), its population has grown significantly. Given this, the May 1 restriction is removed, aligning management activities across all states from March 11 through August 31.
Environmental Assessment
An environmental assessment (EA) analyzed two alternatives:
- Maintain current date restrictions in 50 CFR 21.26, 21.49, 21.50, 21.51, and 21.52 and retain the existing definition of resident Canada geese (No Action).
- Revise the definition of resident Canada geese and allow nest and egg destruction at any time of year under the same regulations (Proposed Action).
The full EA is available at http://www.fws.gov/birds or http://www.regulations.gov (Docket No. FWS-HQ-MB-2018-0012). The amendment regarding Aleutian Canada geese is a categorically excluded action under 43 CFR 46.210, addressed in an environmental action statement (EAS), available at the same links.
Review of Public Comments
The Service accepted comments on the proposed rule from April 25 to May 25, 2018 (83 FR 17987). Seven private individuals and one organization submitted comments. The National Wildlife Control Operators Association supported the proposed changes, while private individuals opposed aspects of the rule. Concerns included:
- A preference for increased hunting opportunities over control measures.
- Opposition to capturing and euthanizing geese on National Wildlife Refuges, reducing hunting opportunities.
- Opposition to lethal control of a native species, urging the Service to focus on invasive and endangered species.
- General opposition to killing any animals.
Service Response to Relevant Comments
Hunting alone has not sufficiently reduced resident Canada goose numbers to alleviate conflicts, despite long hunting seasons and large bag limits. Conflicts often occur outside the hunting season or in areas where hunting is restricted (e.g., urban areas, airports). Direct control methods such as nest and egg destruction and lethal removal address local conflicts and are decided at the local level. The Service prioritizes nonlethal control but allows lethal methods when necessary. No changes were made to the proposed actions in response to these comments.